JONES KONG TOM VS. DEIDRA CAHUA ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD26682250 - July 8, 2026 Hearing date: July 8, 2026 Case number: CUD26682250 Case title: JONES KONG TOM VS. DEIDRA CAHUA ET AL Case Number: | | CUD26682250 | Case Title: | | JONES KONG TOM VS. DEIDRA CAHUA ET AL | Court Date: | | 2026-07-08 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 8, 2026. Line 10.

DEFENDANT DEIDRA CAHUA, PILAR PAYTON DEMURRER to 1ST Amended COMPLAINT is SUSTAINED with leave to amend within 5 days of notice of entry of order.

The demurrer to Plaintiff's original Complaint was sustained with leave to amend to address why this tenancy is exempt from the Tenant Protection Act of 2019, and the Court noted that it was particularly unclear how Plaintiff's challenge to the authority of the San Francisco Rent Board has any bearing on the applicability of the California Tenant Protection Act of 2019, which is a statewide law.

Plaintiff then filed a First Amended Complaint, apparently also asserting a cause of action for trespass. However, an unlawful detainer complaint may not include a cause of action for trespass, or any other cause of action aside from unlawful detainer, as an unlawful detainer action is a summary proceeding.

Therefore, leave to amend is now granted for Plaintiff to file a Second Amended Complaint clearly asserting either a cause of action for unlawful detainer, or a cause of action for trespass, not both. If the asserted cause of action is for trespass, Plaintiff shall additionally (1) pay any difference in first filing fee that may be appropriate to convert this case to a general civil action; (2) obtain a summons for a general civil action, as the 10-day unlawful detainer summons does not confer jurisdiction in a general civil action; and (3) appropriately serve Defendant with both the Second Amended Complaint and the new summons.

The Court notes that the document Plaintiff filed entitled "Findings of Fact" was considered only to the extent that it appears to respond to the demurrer. However, this document does not represent or reflect any findings or order issued by this Court.=(501/CFH)

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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.